South Jersey Laws
Failure to Pay Rent
N.J.S. 2A: 42-1 & N.J.S. 2A: 42-2: Landlord’s lien for rent;
N.J.S. 2A: 42-4: Undertenant’s liability for rent;
N.J.S. 2A: 42-6.1 to N.J.S. 2A: 42-6.3: Five day grace period for payment of rent


Landlord’s Lien for Rent
If a tenant does not pay the rent on time, the landlord is considered to automatically have a lien. In other words, a landlord may keep a tenant or subtenant’s belongings to satisfy the amount of money owed to the landlord for unpaid rent. No one, including other creditors, can remove the tenant’s property without first paying the landlord the money owed.

Subtenant’s responsibility to pay rent
If a tenant does not pay the rent when it is due, any subtenant (or person renting the premises from the tenant) is responsible for the rent after the landlord notifies the subtenant that the tenant has not paid the rent.

Grace Period for Payment of Rent by Senior Citizens
Landlords must give a five-day grace period for rents due on the first of the month for senior citizens who receive:

  • Social Security pensions;
  • Railroad retirement pensions; or
  • Any other government pensions in lieu of Social Security.
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